DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

pricing report obtained and the transfer\npricing documentation maintained.”\n13. On going through the judgment of Hon'ble Jurisdictional\nHigh Court and applying the ratio laid down therein on the\nfacts of the present case, we find that the same are squarely\napplicable and, therefore, we hold that 1d. DRP's directions\nconfirming the action of TPO making the upward

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

151 TTJ 114 wherein it was provided that\nthe deduction cannot be claimed under section 10A of the Act\nif the return of income has not been filed within the time\nspecified under section 139(1) of the Act. But undeniably the\nassessee has not claimed any deduction under section 10A of\nthe Act. Therefore, we are of the view

MEENAMANI GANGA BUILDER LLP ,PUNE vs. PCIT (CENTRAL), PUNE , PUNE

In the result, the appeal of the assessee is dismissed

151 taxmann.com 493 (Surat-Trib.)\n8\nPrincipal Commissioner of Income Tax Vs. Vaishnodevi Refoils\n& Solvex [2018] 96 taxman.com 469 (SC)\n9\nPrincipal Commissioner of Income Tax-4 Vs. Vaishnodevi\nRefoils & Solvex [2018] 89 taxmann.com 80 (Gujarat)\n10\nG.L. Foods Vs. Income Tax Officer, Range-IV (4) [2011] 16\ntaxman.com 271 (Lucknow)\n9. On the other hand, ld. Departmental Representative

RAJKAMAL STONE METAL WORKS,AMBEGAON KHURD, DIST. PUNE vs. ACIT CIRCLE 5 PUNE, PUNE

In the result, the appeal filed by the assessee is allowed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2017-18

price by passing necessary journal entries. 5. However, the Assessing Officer was not satisfied with the arguments of the assessee. He noted that the assessee firm and the sister concern has purchased the lands for business purpose. However, as no business was carried on in these lands, the same was transferred to the partners which amounts to a transfer resulting

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

price bargained for. Nor has it any necessary reference to the market value of the capital asset which is the subject-matter of the transfer. The ratio of this decision was subsequently followed by the Hon'ble Supreme Court in the case of CIT v. Gillanders Arbuthnot & Co. [1973] 87 ITR 407. Therefore, the legal position that emerges from

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

price bargained for. Nor has it any necessary reference to the market value of the capital asset which is the subject-matter of the transfer. The ratio of this decision was subsequently followed by the Hon'ble Supreme Court in the case of CIT v. Gillanders Arbuthnot & Co. [1973] 87 ITR 407. Therefore, the legal position that emerges from

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

In the result, the appeal filed by the assessee is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

Transfer Pricing Officer about the amalgamation between SPENI and SPNI under Sections 391 to 394 of the Companies Act effective from 1 April 2015 and that the Assessing Officer could not have proceeded to pass the assessment order against a non-existent entity. The Tribunal has in fact observed that apart from the first communication dated 02 January 2017, there

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. VISTA NIRMAN PVT. LTD., MUMBAI

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2011-12

transfer pricing adjustment. It is hereby informed that the Board has accepted the decision of the High Court of Bombay in the above mentioned Writ Petition. In view of the acceptance of the above judgment, it is directed that the ratio decidenal of the judgment must be adhered to by the field officers in all cases where this issue

YASHWANTRAO CHAVAN MAHARASHTRA OPEN UNIVERSITY,NASHIK vs. COMMISSIONER OF INCOME TAX,-EXEMPTION, PUNE, PUNE

In the result, the appeal filed by the assessee is dismissed

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

151,16,75,368/- 4 Revenue expenditure 98,53,57,099/- 5 Surplus 52,63,18,269/- 6 Profit percentage 31.58% 4. Being aggrieved with this assessment order, the assessee filed appeal before the Ld. CIT(A) and challenged the addition of Rs.52,63,18,269/-. 5. On further perusal of the records and the assessment order dated 28.12.2022 passed

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1, AURANGBAD, AURANGBAD vs. SANJAY SUGANCHAND KASLIWAL, AURANGABAD

In the result, the appeal filed by the Revenue is dismissed\nand the Cross Objection filed by the assessee is partly allowed as\nper terms indicated above

transferring in his name\nagainst the alleged sum given as advance.\n7. The ld.CIT(A) called for the remand report from the\nAssessing Officer on various issues mainly regarding the proper\nsanction u/s.151 of the Act, supply of correct reasons recorded,\nDIN not mentioned on the body of the assessment order and\nafter duly considering the comments of the assessee

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

transferred out back to them or invested in other non-current investments. Thus neither the funds nor assets are owned by assessee. (v) The assessee has not submitted as to how by any stretch of imagination, inspite of various hurdles as discussed and explained by the assessee as above, it was possible to complete and construct a 75 bed hospital

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

transferred out back to them or invested in other non-current investments. Thus neither the funds nor assets are owned by assessee. (v) The assessee has not submitted as to how by any stretch of imagination, inspite of various hurdles as discussed and explained by the assessee as above, it was possible to complete and construct a 75 bed hospital

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

transferred out back to them or invested in other non-current investments. Thus neither the funds nor assets are owned by assessee. (v) The assessee has not submitted as to how by any stretch of imagination, inspite of various hurdles as discussed and explained by the assessee as above, it was possible to complete and construct a 75 bed hospital

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

transferred out\nback to them or invested in other non-current investments. Thus\nneither the funds nor assets are owned by assessee.\n(υ) The assessee has not submitted as to how by any stretch of\nimagination, inspite of various hurdles as discussed and explained\nby the assessee as above, it was possible to complete and construct

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

transferred out back to them or invested in other non-current investments. Thus neither the funds nor assets are owned by assessee. (v) The assessee has not submitted as to how by any stretch of imagination, inspite of various hurdles as discussed and explained by the assessee as above, it was possible to complete and construct a 75 bed hospital

M/S OM SHRINIWAS DEVELOPERS,PUNE vs. ITO WARED-6(3), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1345/Pun/2025 िनधा"रण वष" / Assessment Year: 2016-17 M/S.Om Shriniwas Developers, V The Income Tax Officer, Off No.2 & 3, Vastusadan S Ward-6(3), Pune. Bldg, 743, Guruwar Peth, Pune – 411042. Maharashtra. Pan: Aabfo7491G Appellant/ Assessee Respondent / Revenue Assessee By Shri Bhuvanesh Kankani – Ar Revenue By Smt. N C Shilpa – Addl.Cit(Dr) Date Of Hearing 01/07/2025 Date Of Pronouncement 24/07/2025

151 r.w.s 148A(d) r.w.s 148 of the Act. Accordingly, the assessment proceedings so initiated be kindly quashed and the Assessment so made be kindly annulled and Appellant be granted just and proper relief in this respect. 3. Without prejudice to other grounds and on the facts and circumstances prevailing in the case and as per provisions and scheme

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

section 68 of the Act. The\nappellant strongly objected to it in Grounds No. 5 and 6.\n\n8.1 The appellant submitted all the documents to the assessing officer at the\nassessment stage that pertain to the sale and purchase of the shares of M/s PFL\nInfotech Ltd., like DEMAT account statement, copy of bank statement reflecting the\nsale

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

section 68 of the Act. The\nappellant strongly objected to it in Grounds No. 5 and 6.\n\n8.1 The appellant submitted all the documents to the assessing officer at the\nassessment stage that pertain to the sale and purchase of the shares of M/s PFL\nInfotech Ltd., like DEMAT account statement, copy of bank statement reflecting the\nsale

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

section 68 of the Act. The\nappellant strongly objected to it in Grounds No. 5 and 6.\n\n8.1 The appellant submitted all the documents to the assessing officer at the\nassessment stage that pertain to the sale and purchase of the shares of M/s PFL\nInfotech Ltd., like DEMAT account statement, copy of bank statement reflecting the\nsale